What Divorce Lawyers Wish You Knew

No one enters into a marriage expecting it to end in divorce, but sadly, it happens all too often. In fact, according to the latest statistics, nearly half of all marriages in the United States will end in divorce. If you’re going through a divorce or are considering one, you’re probably feeling a range of emotions: scared, uncertain, and maybe even a little angry. It’s natural to feel all of those things. But before you make any major decisions, it’s important to know what divorce lawyers wish you knew.

1. It’s Not Always a 50/50 Split

One of the biggest myths about divorce is that it’s always a 50/50 split. In reality, that’s not always the case. Several factors can affect how property and assets are divided in a divorce, including who earns more money, who has custody of the children, and the existence of a prenuptial agreement.

2. Custody Battles Can Be Brutal

When it comes to custody battles, anything and everything is fair game. Parents will often do whatever they can to get sole or primary custody of their children, including making accusations against the other parent, manipulating the children, and even hiring private investigators. Unfortunately, these custody battles can be very damaging to the children.

3. You May Have to Pay Alimony

One of the most dreaded aspects of divorce is the prospect of having to pay alimony. Alimony is essentially financial support that one spouse pays to the other after a divorce. It’s not always required, but it’s often granted if one spouse earns significantly more than the other. However, state laws regarding alimony vary greatly, so it’s important to speak with an attorney to determine your specific rights and obligations.

4. You May Have to Pay Child Support

Along with alimony, you may also be required to pay child support. This is a monthly payment that helps support the children after the divorce. The amount of child support you’ll have to pay depends on several factors, including how many children you have, how much money you make, and who has custody of the children.

5. Your Divorce Lawyer is Your Biggest Ally

When going through a divorce, your divorce lawyer is your biggest ally. They can help you understand the process, negotiate with the other party, and protect your interests. Don’t be afraid to ask them for advice or guidance throughout the process.

Divorce is a difficult process, both emotionally and financially. But by knowing what to expect, you can make the process a little easier. Speak with a divorce lawyer to learn more about your specific rights and obligations. They will guide you through the process and help you protect your interests.

Are you looking for a divorce lawyer? We can help you understand your rights and obligations and protect your interests during this difficult time. Contact us today for a free consultation.

What Are The Leading Causes Of Divorce

A common critique of younger generations is that they don’t take marriage seriously enough. This is largely because there is a perception that divorce is on the rise, with about 40 to 50% of all American marriages ending in divorce. A better measurement may be the rate of divorce, which is 16.9 per 1,000 married women. Additionally, it should be noted that while it may seem like divorce is happening more often, it’s also true that divorce is more accessible. Where women were once more financially dependent on their husbands, and divorce was once more taboo, people now can leave unhappy marriages and live independently. That’s a good thing!

But what are the reasons why people reach out to a divorce attorney? Let’s look into the leading causes of divorce below.

1. Incompatability

While it may seem simple and vague, incompatibility is one of the main reasons why people get divorced. Perhaps you have different goals in life as a couple; maybe the two of you share different values or political beliefs. No matter what, incompatibility is a valid reason to get divorced. You shouldn’t feel bad about it.

2. Infidelity

It may be a cliche, but people do get divorced quite often due to infidelity. Many couples consider infidelity the one thing that they would not be able to forgive each other of. It’s not uncommon for people to put up with plenty of conflicts, but only call a divorce attorney after infidelity.

3. Financial Problems

Financial issues are often behind divorces. You may hear of couples fighting over money; just the stress of being unable to pay your bills can cause serious resentment, and push couples apart. Additionally, it’s not uncommon for couples to get divorced because they disagree on how to spend their money. These are valid reasons to end your marriage.

4. Substance Abuse

Substance abuse is not uncommon, and it does destroy marriages. Whether an individual is addicted to illicit substances or something like alcohol, substance abuse can create conflict that can drive couples apart.

5. Domestic Abuse

Sadly, domestic abuse does occur within marriages. It is a major reason why couples get divorced, and in this case, divorce would be a positive thing. If it’s time for you to end a bad marriage, call a divorce attorney. This could begin a new, positive path.

The Surprising Custody Facts You Didn’t Know

Divorce is always tricky, even when people approach it with the best of intentions especially when children are involved. As any custody lawyer can tell you, divorce proceedings often become more contentious when people are dealing with matters related to custody. With that in mind, let’s look into some of the things you may not know about child custody.

1. You Don’t Have to Go To Court

While many couples do end up going to court over custody, it is not required that you do so when it comes to determining living arrangements. You and your ex can determine custody issues while working through your lawyers while avoiding the battles and fees that come with going to court. For example, in about 51% of all custody cases, both parents agreed that the mother should be the custodial parent.

2. Visitation and Child Support Are Separate Matters

Some parents believe that if they are unable to visit their children, they do not have to pay child support to their ex. This is not the case. Although this issue can vary from state to state, visitation generally isn’t linked to child support. Therefore, if a parent is keeping the person paying child support from their child, the child support still must be paid. Similarly, if someone is behind on child support, this doesn’t mean that their child can be kept from them.

3. There Are Different Types of Custody

Custody does not just refer to who the child lives with. A custody lawyer may help their client determine which type of custody is available: Physical custody determines where the child lives; legal custody determines who makes decisions about things like medical issues and religious upbringing; sole custody decides which parent takes full responsibility for the child, or joint custody where custody is shared by both parents. While custody cases can vary wildly depending on where you live, who your custody lawyer is, and other factors, everyone should keep the child’s best interests in mind. Custody isn’t about determining what is best for the parents; it’s about what is best for children.

5 Common Questions About Child Custody

Even the most amicable of divorces can get complicated when children are involved. That’s why we’re looking into some of the most commonly asked questions about child custody. The more you know about child custody before your divorce proceedings begin, the better for not only you but your entire family.

You’ll probably hear about legal custody versus physical custody during proceedings. Legal custody is the ability to make decisions on behalf of your child, like decisions regarding where they go to school and their vaccines. Physical custody determines where the child lives. While you may think that physical custody would equal legal custody, this is not always the case. Parents often have their child primarily live with one parent, while both parents share legal custody.

What Determines Custody?

Different factors go into how parents divide custody, and each custody case is individualized. For example, 54.7% of all custodial parents have one child, while more children may require more intervention from both parents. When a custody case goes to court, factors like the child’s relationship with the parents, the wishes of all involved, and the parent’s ability to provide for their child are all considered.

Do I Need A Lawyer?

Generally speaking, you should at least consider speaking with an attorney if you find yourself in the midst of a child custody case. Many lawyers do offer free consultations, and you can take advantage to see if working with an attorney ht for you.

What if My Case Involves Domestic Violence?

Domestic violence charges do affect custody cases, as courts are reluctant to award custody to parents who have serious domestic violence allegations against them.

Do Custody Laws Vary?

Custody laws do vary from state to state. It’s important that you become familiar with the laws in your specific state before you begin your divorce proceedings. This could affect your custody arrangement.

Determining custody can be difficult, but it doesn’t have to involve fighting. Approach your custody case with the best interests of your child in mind.

What Factors Lead to Divorce?

Divorce is very common. But what causes divorce in the first place? If two people willingly get married, what can cause them to change their minds? While every couple is different, there are several common factors that lead to divorce. Some are easier to handle than others, but all of them come with their own complications.

Abuse and Neglect

If one spouse is abusive toward the other and/or their children, this can be a serious factor that leads to divorce. In this situation, child support and custody arrangements can get complicated. There might be legal consequences for the abusive spouse, which impacts their ability to either have contact with their children or make money to pay child support. This is a situation in which divorce lawyers and the courts will work to untangle in a way that keeps everybody safe.

Infidelity

If one or both partners strays outside of their marriage vows, this might be a cause for divorce. Each marriage has its own boundaries and rules, so a divorce caused by infidelity can be either amiable or emotional. However, this can make child custody agreements difficult. While the cheating partner might have hurt their spouse, the courts might feel this doesn’t impact their ability to be a good parent. This is another situation where it is important that each side work with a divorce lawyer. The lawyers can work objectively to set up a plan that is as fair as possible for each side.

Incompatibility

Sometimes people just realize they shouldn’t be married to each other. This can happen early on or it can happen after decades of marriage. Out of every thousand women, the divorce rate is currently twice as high as it was in the 1960s, when divorce was extremely uncommon. However, it is not nearly as high as it was at its peak of 22.6 in the early 1980s. These days, people can explore their compatibility before making a commitment to marriage, but still have the option to divorce. This means they can separate for any reason they feel they need to, then work out the logistics in the courts.

There are a range of reasons why someone might file for divorce, ranging from simple preference to physical danger. It’s important to work with the courts and your divorce lawyers in order to make the process as simple as possible.